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FTA wants more exemptions from operators' licensing
Page 56
Page 57
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ASSOCIATION SUGGESTS STANDARD FORMS AND SHORTER APPLICATION PERIODS
• The Freight Transport Association has this week submitted to the Minister of Transport its comments on the draft regulations for the introduction of operators' licences (CM, July 11). The Association considers that a number of points require alteration or clarification. And it makes one proposal which would mean an amendment to the 1960 Road Traffic Act.
While vehicles not exceeding 16 tons g.v.w, will be authorized to carry goods over any distance for any customer, vehicles in excess of this weight will still be bound by their existing carriers' licence conditions. and consequently by section 180 of the 1960 Act. This means that before a holding company can carry goods on these heavier vehicles for one of its subsidiaries it must have a 90 per cent holding in the subsidiary. The Association asks that section 180 should be amended to bring it into line with the 1948 Companies Act definition used in the Transport Act 1968, in which a holding company is defined as one having more than 50 per cent interest in its subsidiary.
The Association is concerned that there is no indication of the fees to be charged in connection with operators' licences and it urges the Minister to make an early decision on this matter. It also considers that the requirements for applications to be lodged nine weeks before a licence is required should be reduced to six weeks. In addition it seeks assurance that there will be machinery for expeditious grants.
Vehicles travelling less than six miles on public roads in any one week are at present exempted from road fund tax. The Ministry of Transport proposes to make similar exemption from operators' licensing for these vehicles. However, the FTA is asking that this should be amended to cover vehicles operating within a two-mile radius of base.
The Association is concerned that although there will be a standard operator's licence application form, LAs may not be bound to use it. The FTA sees the possibility that each traffic area might design its own application form and suggests that this should not be allowed to happen. It is also concerned that the Licensing Authorities have been given discretionary powers on whether or not to publish certain applications and it asks that these powers should be removed. It suggests that the Licensing Authbrities should be given guidelines on what not to publish.
As the Act stands the Licensing Authority may publish an application for a licence by a subsidiary company, although that company's vehicles have been previously included on its holding company's licence. The Association takes the view that there is no need for discretionary powers in these circumstances.
The Act states that a disc will be displayed at all times while an authorized vehicle is in use. Where a disc has been defaced, destroyed or lost and the replacement has been applied for, the Association wants an assurance that prosecution will not result.
While works trucks not exceeding 34 tons g.v.w. are exempted from operators' licensing the Association points out that there are those of its members who operate trucks in excess of this weight which have not been exempted and it suggests that these vehicles should also be added to the exemption list.
It also seeks exemption for snow-clearing vehicles. These are taken to be vehicles which have been temporarily fitted with plough blades, since gritting and salting vehicles are already exempted. Since the ploughing equipment is a temporary attachment frequently fitted to goods carrying vehicles, any such exemption could present problems.
Under the 1968 Act, vehicles based tern porarily in a traffic area other than the one in which they are authorized need not be specified in an operators' licence in their temporary traffic area provided the period does not exceed three months. The civil engineers in the Freight Transport Association membership point out that this could create difficulties in their case. They say that although they may estimate the time of a contract to be not more than three months, circumstances beyond their control may prolong the period. The FTA asks if the LA could turn a blind eye in such circumstances and issue an interim licence.
On the question of maintenance guidelines the Association has reminded the Minister that he had promised to re-word the hiring section to make it clear that this applied only to vehicles hired without a driver.
The Ministry of Transport is now considering the Association's comments, together with those from other interested parties among them those of the RHA which were submitted on Wednesday (see page 56).